I’m curious about discovery. By sending the 1 TB of data, the DA is sending all the data they found, applicable to the case or not for the prosecution, since the defense may find something to defend Barry that the prosecution will not be using. Does the prosecution have to annotate what in that terabyte of data they plan on using to prosecute BM, so the defense can prepare efficiently? Or if sending 1 TB of data unannotated, are they using a ‘flood the defense’ strategy, hoping to overwhelm the defense with irrelevant data so they might miss the relevant.
I think the prosecution is obligated to send all the data they have, period. The preliminary hearing is all about determining who the witnesses will be and what the admissible evidence is. Both sides are supposed to have what the other side has, then they argue about admissibility in court (sometimes in chambers).
It would include what I call "crazypants" evidence as well (someone inserts themselves into the case with completely unverified or impossible facts - let's say they claim they saw a UFO descend on Monarch Pass that day). The Judge might start with saying, "I can safely assume that neither party objects to the exclusion of Exhibits 102X, 1114Y, 4005B, etc) Then those are gone from the hearing, we don't hear them, we don't see them, no one mentions them at trial.
If someone claimed to have seen Suzanne in DesMoines or Bakersfield after Mother's Day, and called in a tip which LE was never able to verify...well then, prosecution would object and defense would eat it up with a spoon.
If that person is anonymous, though (used an anonymous tip line), Judge will throw it out anyway. Etc, etc.
(Sorry if this was already answered or this is TMI - I wrote it out yesterday and decided to go ahead and post).
Just to sum all of this up:
As expected, we will not be able to log in and see any of this.
A small number of journalists and members of the public will be in the courtroom, and a larger number will be watching the proceedings via a feed at the Chaffee Fairgrounds.
Members of the family will be able to view this via WebEx if they don’t want to/can’t attend.
Most importantly, journalists WILL be allowed to live Tweet.
Well, that's VERY good news about the Fairgrounds and the tweeting. I wish I could be there - I truly do.
It would be 17 hours of driving (without stops) for me, though. And it's freakin' hot right now (I'm not in Palm Springs - but Palm Springs is supposed to get to 120F in the SHADE today, so you all can imagine what the rest of the Mojave is like). Beautiful drive though. And I'm seriously contemplating going up for at least a day or two of the trial, if my better half is up for it.
So - is the lottery daily or does winning mean that person gets to go to all the days of the preliminary? I suppose the trial will be the same way. I'd be fine with being at the Fairgrounds, I guess.
Mountain Mail is an easy link to remember:
themountainmail.com | The Mountain Mail | Salida, Chaffee County Colorado, breaking news, entertainment, sports, classifieds
